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December 4, 2013

The Fall 2013 issue of The Journal of Art Crime Now Available

The e-Edition of the Fall 2013 issue of The Journal of Art Crime is now available. Noah Charney is Editor-in-Chief of the 10th issue published by ARCA; Marc Balcells, John Jay College of Law, and Christos Tsirogiannis, University of Cambridge, serve as Associate Editors. In the Letter from the Editor, Dr. Charney writes: 
For this issue, I’m pleased to introduce two new editors who will put together the JAC along with me: Marc Balcells and Christos Tsirogiannis. Readers will know their written work from past issues, and they will not only help me to edit, but also contribute regularly, with Marc taking on the role of our primary book reviewer, and Christos preparing a new regular column. They interview one another in this issue, to provide an introduction to readers. In this issue you’ll find academic papers on art theft in the Victorian era, the in-depth story of the looting and return of the Axum obelisk, two pieces on art fraud and forgery, and a dissertation from one of our program graduates on Armenian “cross-stones” in Azerbaijan.
Table of Contents:

ACADEMIC ARTICLES: "The Crime That Pays? The Canadian Print Media’s Construction of Art Fraud, 1978-2012" by John and Adie Nelson; "Victorian Art Theft in England: Early Cases and Sociology of the Crime" by Noah Charney and John Kleberg; "Criminal Inspectors and Art Crime Investigation in Slovenia" by Bojan Dobovšek and Boštjan Slak; "The Mythology of the Art Forger" by Felicity Strong; and "Destruction of Jugha Necropolis with Armenian Khachqars (Cross-stones) in Azerbaijan" by Marine Fidanyan.

REGULAR COLUMNS: David Gill's Context Matters on “The Cleveland Apollo Goes Public”; Noah Charney's Lessons from the History of Art Crime on “Art-Burning Mother & Art Loss Register Issues”; and Christos Tsirogiannis' Nekyia on “From Apulia to Virginia: An Apulian Gnathia Askos at the Virginia Museum of Fine Arts”.

EDITORIAL ESSAYS "Do Unto Others as You Would Have Them Do Unto You: the Axum Obelisk" by Suzette Scotti.

REVIEWS Marc Balcells reviews The Venus Fixers by Ilaria Dagnini Brey and Saving Italy by Robert Edsel. 

EXTRAS "Marc Balcells Introduces Christos Tsirogiannis" and "Christos Tsirogiannis Interviews Marc Balcells".

December 3, 2013

Tuesday, December 03, 2013 - , No comments

Persian chalice authentic or fake? Dutch Art Investigator Arthur Brand has no doubts

Dutch art investigator Arthur Brand is of the opinion that the chalice "that helped make possible the Iran nuclear deal, as reported in the media, is a fake."

In the LA Times article by Christi Parsons "The chalice that helped make possible the Iran nuclear deal" has been surrounded by controversy regarding its authenticity:
Some experts believe the vessel, known as a rhyton, was crafted in the 7th century BC in what later became the Persian Empire, now Iran. It features three trumpet-shaped cups that sprout from the body of a griffin, a fabled creature that typically has the head and wings of a bird and the body of a lion. On the chalice, the eyes are deep-set and wide open, like those of a bird of prey. The object was allegedly part of a cache of antiquities found in a cave near the Iraqi border in the 1980s, shortly after Iran's Islamic Revolution. "These were great treasures from a great civilization," said Fariborz Ghadar, an Iranian scholar who served as a deputy economic minister to Iran's shah. "Their discovery was of great significance to those who consider themselves Persians, who honor that period in history." 
In 2003, the chalice surfaced in the hands of a well-known antiquities dealer, Hicham Aboutaam, who ran a firm based in Geneva. As he passed through U.S. customs at Newark International Airport, Aboutaam presented a certificate indicating the vessel was from Syria. He was waved through. Aboutaam then set out to document the object's value. Three experts he consulted determined it was from Iran; two concluded it was consistent with the antiquities taken from the cave. An art collector was prepared to pay $1 million, but federal investigators caught wind of it. They charged that the object had been taken from Iran illicitly, making its importation to the U.S. illegal. The dealer was prosecuted and paid a $5,000 fine. The chalice was then placed in a climate-controlled storage unit. The value of the chalice remains uncertain. Some have maintained that it is not 2,700 years old at all, but a modern fake. But Iranian officials have insisted it is genuine and demanded its return.
Arthur Brand pointed out previous questions about the object's authenticity in an Oct. 14 article by Frud Bezhan in Radio Free Europe "U.S. Gift To The Iranian People A 'Fake':
Unfortunately, according to Hamid Baqaie, the former head of Iran's Cultural Heritage Organization, the artifact is without question a modern forgery. "Firstly, the way it has been made and the style in which it has been made shows it's a fake. This artifact doesn't have any roots in ancient Iran," Baqaie says. "Secondly, from a technical point of view the materials used to make it also show that it's not an original." 
Archeologist Oscar White Muscarella, a former curator of the Metropolitan Museum of Art in New York, has gone on record as saying he, too, does not believe the artifact is the real deal. He wrote in a paper published last year that it took only a glance at a photograph of the artifact to convince him it was a fake.
Dutch art investigator Arthur Brand wrote in an email:
I saw many western-cave objects, some looted, more fake. I saw them too in the Aboutaams' shop. The one the USA gave to Iran is mostly fake, partly constructed from original pieces. I even know who did the construction. It is the same man who made the partly fake which was offered in Germany a few years ago. I made a documentary about that piece, together with the German ARD. Skip to 8.10.
Another Western-cave invention of the Aboutaams, in their shop, secretly filmed by me (see photo below):

December 1, 2013

ARCA Associates participating in International Conference on Protecting Cultural Heritage As a Common Good of Humanity: A Challenge for Criminal Justice; Italian conference scheduled Dec. 13-15 in Courmayeur Mont Blanc

ARCA's CEO Lynda Albertson; ARCA lecturer Richard Ellis and 2012 and 2013 award winners, Jason Felch and Duncan Chappell, will be speaking at the International Conference on Protecting Cultural Heritage As a Common Good of Humanity: A Challenge for Criminal Justice on December 13-15 in Courmayeur Mont Blanc in Italy 13-15 December 2013.

This cultural heritage protection conference is the initiative of International Scientific and Professional Advisory Council of the United Nations; Crime Prevention and Criminal Justice Programme-ISPAC; Fondazione Centro Nazionale di Prevenzione e Difesa Sociale-CNPDS; and Fondazione Courmayeur Mont Blanc in co-operation with United Nations Office on Drugs and Crime-UNODC, Vienna under the auspices of the Italian Ministry of Foreign Affairs.
ISPAC is organizing an International Conference aimed at exploring the indispensable role of crime prevention and criminal justice responses, at both international and domestic level, in combating all forms of trafficking in cultural property and related offences in a comprehensive and effective manner. This Conference addressed to international organizations, national enforcement agencies, academics, cultural institutions, private sector operators in art and antiquities follows a long-established commitment of ISPAC in the protection of cultural heritage and public goods as one of the most relevant challenges for contemporary criminal policy. Cultural heritage has come to be perceived not only as an asset for the "source Countries", but also, more relevantly, as the object of a cultural right any human being is entitled to, as well as a fundamental heritage for the whole mankind. Hence the growing interest that the United Nations, as well as many other international organizations, have been developing in the phenomenon, and the commitment to produce and implement international legal instruments aimed at protecting cultural heritage. 
In the past, several instruments have been adopted. The prevention and sanctioning of harms traditionally inflicted to cultural property during wars was the first aim to be pursued through the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), and its Additional Protocols as well as the Additional Protocols to the Geneva Conventions (1977). Other interventions by the international community focussed on illicit imports, exports and transfers of ownership of cultural property under any kind of circumstance, and namely the UNESCO Convention (1970), as well as the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995). The international commitment to the safeguard of cultural heritage found also expression in several other international instruments, such as the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001), the European Convention on Offences relating to Cultural Property (1985), the European Convention on the Protection of the Archaeological Heritage (1969) and its revised version (1992). 
Nowadays the pervasiveness of this phenomenon, and its very complex features, are increasingly acknowledged at both international and national level. Trafficking in cultural property, as well as all other crimes related to cultural objects (such as looting, illicit import and export, forgery, and so on), are believed to be a constantly growing sector of criminality, and an increasingly attractive one for national and transnational criminal organizations. Hence, too, the growing involvement of the United Nations Office on Drugs and Crime in drafting and implementing international instruments to face offences against cultural heritage. Since 2009 several initiatives were adopted pursuant to Economic and Social Council resolution 2008/23. In its resolution 2010/19, then, the Council considered that the Organized Crime Convention (2000), as well as the UN Convention against Corruption (2003), should be fully used for the purpose of strengthening the fight against trafficking in cultural property. At its twentieth session, the Commission on Crime Prevention and Criminal Justice prepared a draft resolution (2011/42) entitled Strengthening Crime Prevention and Criminal Justice Responses to Protect Cultural Property, Especially with Regard to its Trafficking, in which it mandated the Secretariat to further explore the development of specific guidelines for crime prevention and criminal justice responses with respect to trafficking in cultural property, and invited Member States to submit written comments on the UN Model Treaty for the Prevention of Crimes that Infringe on the Cultural Heritage of Peoples in the Form of Movable Property. Finally, in April 2013, the Commission on Crime Prevention and Criminal Justice recommended to the ECOSOC a draft resolution on Strengthening Crime Prevention and Criminal Justice Responses to Protect Cultural Property, Especially with Regard to its Trafficking, to be submitted for adoption to the General Assembly. The Thirteenth United Nations Congress on Crime Prevention and Criminal Justice (to be held in Qatar in 2015) will specifically focus - among others - on comprehensive and balanced approaches to prevent and adequately respond to new and emerging forms of transnational crime, such as trafficking of cultural property. 
ISPAC's Conference aims at exploring the indispensable role of crime prevention and criminal justice responses in combating all forms of trafficking in cultural property and related offences in a comprehensive and effective manner; the need for States to consider reviewing their legal frameworks, in order to provide the most extensive international cooperation to fully address trafficking in cultural property; the possibility for national jurisdictions to make trafficking in cultural property (including stealing and looting at archaeological and other cultural sites) a serious crime, as defined in art. 2 UNCTOC, as well as to fully utilize that Convention for the purpose of extensive international cooperation; finally, the importance of a speedy and effective finalization of the Guidelines, on the basis of the work carried out in the last years. Further issues worth consideration will be the need for credible and comparable data on different aspects of crimes against cultural property, including the links with transnational organized crime and the laundering of illicit proceeds, as well as the benefits of collecting and comparing best practices both in the public and in the private sector. 
PROGRAMME (contacts with panellists are in progress)
Opening Session • LODOVICO PASSERIN de ENTRÈVES, Chair of the Scientific Committee of the Courmayeur Mont Blanc Foundation, Italy • FABRIZIA DERRIARD, Mayor of Courmayeur, Italy • AUGUSTO ROLLANDIN, President, Region of Aosta Valley, Italy • LIVIA POMODORO, President, Court of Milan, Italy; CNPDS/ISPAC Chairman • Italian Ministry of Cultural Heritage and Activities and Tourism • Italian Ministry of Foreign Affairs
Keynote Address • JOHN SANDAGE, Director Division for Treaty Affairs, United Nations Office on Drugs and Crime-UNODC, Vienna, Austria 
Session I ILLEGAL TRAFFIC OF CULTURAL PROPERTY : THE NEED FOR A REFORM Chair DUNCAN CHAPPELL, Professor of Criminal Law and Criminology, University of Sydney, Australia; ISPAC Board Member
• Cultural Heritage and Commons: New Tasks for International Community. UGO MATTEI, Professor of Private Comparative Law at University of Turin, Italy; University of California, Hastings College of Law, USA 
• Curbing Illegal Traffic of Cultural Property: Initiatives at the International Level STEFANO MANACORDA, Professor of Criminal Law at the University of Naples II, Italy; Collège de France, Paris, France; Deputy Chair and Director ISPAC 
• Anatomy of a Statue Trafficking Network: an Empirical Report from Regional Case Study Fieldwork SIMON MACKENZIE, Professor of Criminology, Law and Society at the University of Glasgow, UK
SESSION II THE INTERNATIONAL INSTITUTIONS AND THE FIGHT AGAINST ILLICIT TRAFFICKING OF CULTURAL PROPERTY Chair TULLIO SCOVAZZI, Professor of International Law, University of Milan Bicocca, Italy
• ALBERTO DEREGIBUS, Colonel, Cultural Heritage Protection Unit, Carabinieri Corps, UNESCO, Paris, France
• SARA GREENBLATT, Chief, Organized Crime Branch, Division for Treaty Affairs, UNODC, Vienna, Austria
• FOLARIN SHYLLON, Professor at Faculty of Law, University of Ibadan, Nigeria 
Session III INTERNATIONAL COOPERATION: OPPORTUNITIES AND CHALLENGES NATIONAL JURISDICTION Chair EMILIO VIANO, Professor, Department of Justice, Law and Society, American University, Washington DC, USA 
• HUANG FENG, Professor of Criminal Law, Director Institute for International Criminal Law, Beijing Normal University, China 
• DEREK FINCHAM, Associate Professor, South Texas College of Law, Houston, USA 
• Cultural heritage crime in the Islamic Penal Code of Iran MIR MOHAMMAD SADEGHI, Professor of Criminal Law and Head of Department of Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran; UNESCO Chairholder for Human Rights, Peace And Democracy, Shahid Beheshti University, Tehran, Iran 
• HELENA REGINA LOBO DA COSTA, Professor, University of São Paulo, Brazil (tbc) 
• ADOLFO MEDRANO MALLQUI, Professor of Criminal Law, Lawyer, Lima, Peru Coffee Break 
SESSION III (continued) POLICE COOPERATION Chair EMILIO VIANO, Professor, Department of Justice, Law and Society, American University, Washington DC, USA 
• RICHARD ELLIS, Founder of Scotland Yard! s Art and Antiquities Squad, London, UK • ANTONIO COPPOLA, Major, Head of the Operative Cultural Heritage Protection Unit, Carabinieri Corps, Rome, Italy 
• STÉPHANE GAUFFENY, Colonel, Central office for the fight against Illicit Traffic in Cultural Goods (OCBC), Central Directorate of Judicial Police, Paris, France (tbc) 
• DOMENICO GIANI, Inspector General of the Gendarmeria Corps, Vatican City (tbc 
SESSION III (continued) RETURN, RESTITUTION AND CONFISCATION Chair LUIS ARROYO ZAP ATERO, Professor of Criminal Law, Universidad Castilla-la-Mancha, Spain
• Restitution and International Judicial Cooperation MARC-ANDRÉ RENOLD, Professor of Art and Cultural Property Law; Director of the Art-Law Centre; Holder of the UNESCO Chair in the International Law of Cultural Heritage at the University of Geneva, Switzerland
MARIE PFAMMATTER, post doctoral researcher, University of Geneva, Switzerland
• PASCAL BEAUVAIS, Professor, University of Paris Ouest Nanterre, Paris France
• STEVEN FELDMAN, Partner, Herrick, Feinstein LLP, New York, USA
• MARK V. VLASIC, Senior Fellow & Adjunct Professor of Law, Georgetown University, Washington, USA
SESSION IV THE ROLE OF THE PRIVATE ACTORS IN PREVENTING ILLEGAL TRAFFIC Chair LUIS ARROYO ZAP ATERO, Professor of Criminal Law, Universidad Castilla-la-Mancha, Spain
• ROBERT WITTMAN, Art Crime Investigator, President of Robert Wittman Inc., Pennsylvania, USA
• JAMES RATCLIFFE, Head of Recoveries, The Art Loss Register-ALR, London, UK
• LYNDA ALBERTSON, Chief Executive Officer, Association for Research into Crimes against Art-ARCA, Rome, Italy
• ROBERT N. LAYNE, Executive Director, International Foundation for Cultural Property Protection, Denver, CO, USA
• MARK STARLING, Chair, International Convention Of Exhibition And Fine Art Transporters-ICEFAT, Toronto, Canada
Round Table PROTECTING CULTURAL PROPERTY: CASE STUDIES AND BEST PRACTICES Chair SIMON MACKENZIE, Professor of Criminology, Law and Society at the University of Glasgow, UK 
• GIOVANNI MELILLO, Prosecutor, Court of Naples, Italy 
• FABRIZIO LEMME, Professor and Lawyer, Rome, Italy
• TESS DAVIS, Vice Chair of the American Society of International Law! s Cultural Heritage and the Arts Interest Group - Researcher SCCJR, School of Social and Political Sciences, University of Glasgow, UK 
• FABIO ISMAN, Journalist, Italy 
• JASON FELCH, Journalist, Los Angeles Times, USA 
Conference Venue Conference Hall, Hôtel Pavillon Via Regionale, 62 - 11013 Courmayeur (AO) Official Languages English and Italian with simultaneous interpretation 
Conference Secretariat Fondazione Centro nazionale di prevenzione e difesa sociale-CNPDS Palazzo Comunale delle Scienze Sociali 3, Piazza Castello - 20121 Milano MI Tel.: +39 02 86.46.07.14 - Fax: +39 02 72.00.84.31 E-mail: cnpds.ispac@cnpds.it - Home page: www.cnpds.it Home page: http://ispac.cnpds.org

November 30, 2013

Is it a Pollack? New York Times Journalist Patricia Cohen looks at the case between two women and a painting; a few professionals weigh in

From the New York Times: Is this a Pollack?
In "A Real Pollock? On This, Art and Science Collide" by Patricia Cohen for the New York Times (Nov. 24), the argument between Jackson Pollack's widow Lee Krasner and his lover Ruth Kligman is examined in the authentication of a 'small painting with swirls and splotches of red, black, and silver'.
Until her death, in 2010, Ms. Kligman, herself an artist, insisted the painting was a love letter to her created by Pollock in the summer of 1956, just weeks before he died in a car crash. But the painting was rejected by an expert panel set up to authenticate and catalog all of Pollock’s works by a foundation established by Ms. Krasner. This month, it seemed the dispute that outlived both women might finally be settled. Ms. Kligman’s estate announced that forensic tests — comparing samples from the loafers Pollock died in, his rugs and his backyard — had linked the painting with Pollock and his home. But instead of resolving one dispute, the findings only reignited another, one that pits traditional ways of determining whether a work is genuine against newer technologies. 
On one side stands Francis V. O’Connor, a stately Old World-style connoisseur with a Vandyke beard and curled mustache, who believes erudition and a practiced eye are essential to judging authenticity. Mr. O’Connor, a co-editor of the definitive Pollock catalog and a member of the now-disbanded Pollock-Krasner Foundation authentication committee, said “Red, Black and Silver” does not look like a Pollock. “I don’t think there’s a Pollock expert in world that would look at that painting and agree it was a Pollock,” Mr. O’Connor said at a symposium this month.
On the other side is Nicholas D. K. Petraco, a retired New York City detective and forensics specialist who examined the painting at the request of the Kligman estate. Approaching the canvas board as if it were a body at a crime scene, Mr. Petraco said he had no doubt the painting was made at the Pollock house and is linked to Pollock. “I’ve had cases with less materials than this where people are spending 25 to 30 years in jail,” he said.
As technology advances, the art world has turned to microscopic analysis and pigment testing to buttress — or challenge — the judgments of a tiny club of experts whose opinions have long been treated as law. This pursuit of scientific validation has only deepened as art historians and institutions like the Pollock-Krasner Foundation, which shut down its authentication board in 1996, retreat from certifying art for fear of being sued. But science has its limits. Paint or paper may help establish the date of a work, while hair and fibers can help pinpoint where it was made. A work’s provenance must also be verified. Still, connoisseurs — as well as most auction houses who rely on them — maintain that true authorship cannot be established without an expert evaluation of the composition and individual strokes that reveal an artist’s “signature.” In this case, the difference of opinion could be worth millions. Unauthenticated, “Red, Black and Silver” would be listed as “attributed to Pollock” and carry an estimate of no more than $50,000, said Patricia G. Hambrecht, chief business development officer at Phillips auction house, where the painting is consigned. If judged a Pollock, the painting’s estimated value would soar to seven figures, she said.
Ms. Kligman’s account of the painting dates to the summer of 1956 when she was 26 and living in Pollock’s house in East Hampton, N.Y., after Krasner, having caught the lovers together, sailed for Europe. Pollock was in an alcoholic tailspin and hadn’t painted in two years. As Ms. Kligman detailed in a new introduction to the 1999 edition of her memoir, “Love Affair: A Memoir of Jackson Pollock,” the artist was on the lawn when she brought him his paint and the sticks he used. After he finished, he said, “Here’s your painting, your very own Pollock.” A friend of Ms. Kligman’s, Bette Waldo Benedict, has said Ms. Kligman told her the same story at the time.
Art forensics have primarily concentrated on what a painting is made of. But Mr. Petraco, who has decades of experience with the New York Police Department crime lab and is now a professor at John Jay College of Criminal Justice, looked at what the painting contained: the dust, hairs, fibers or other detritus that might have fallen on the surface and under the paint. Because Mr. Petraco, who holds a Ph.D. in theoretical chemistry, has more experience analyzing red blood than red paint, he decided to perfect his technique for removing materials without damaging the painting by making some Pollock-like drip paintings in his backyard in Massapequa Park, on Long Island. (It’s tougher than it looks, he confessed.) Despite what one sees on television crime shows, hairs and threads cannot be traced to a specific individual or sweater, Mr. Petraco said. What builds a forensic case is not any single piece of evidence but a combination of consistent factors. In this case, Mr. Petraco said the clincher was discovering a polar bear hair, a rare find in a country that has banned the import of polar bear products for more than 40 years. “Is there a polar bear in this story?” Mr. Petraco wondered. There was. A polar bear rug that had adorned the living room floor in 1956 was still in the East Hampton attic.
Colette Loll, a private fraud investigator who worked on the case, said she had no preset agenda. “I was looking to poke holes,” she said but “fraud just wasn’t supported.” Both she and Mr. Petraco said they had donated their services to the estate. Ms. Loll said the case presented “a real opportunity to shift the paradigm away from the dictatorship of the connoisseur, where only one or two people who sit on their thrones can decide what is and what is not an authentic painting.
Mr. O’Connor, who is widely viewed as one of the top authorities on Pollock, said art forensics are valuable, but in this case he found the results “redundant and essentially irrelevant.” The painting may have been made in Pollock’s yard but that doesn’t mean it was made by Pollock’s hand. He did not speculate by whose hand it might have been. To Mr. O’Connor, connoisseurship is just as rigorous as forensics. Its methods, he acknowledged, “can seem mysterious, if not laughable, to the lay person.” But the connoisseur, he said, has “absorbed into visual memory the artist’s characteristic form — his shapes, compositional devices, linear rhythms, typical colors” and handling of paint well enough to detect a fake. In “Red, Black and Silver,” a silver wash covers the canvas and a black ovoid shape near the center serves as a focal point. No other Pollock has either of those characteristics, he said. In 1995, the authentication board offered to designate Ms. Kligman’s painting as a problematic work, which meant that if other scholars, with further study, labeled the work as authentic, the board would not object. But Ms. Kligman rejected that qualification. In Mr. O’Connor’s view, “the Kligman work is in limbo with respect to authenticity.” Whether it remains that way is an open question: After all, precisely what happened between two people, now dead, who were alone on a summer afternoon in an East Hampton yard 57 years ago may ultimately be beyond the ken of science or connoisseurship.
ARCAblog found three professionals on Linked In who offered opinions on this issue of connoisseurship versus forensics and the recent Pollock case.

Dr. John Daab, a Certified Fraud Examiner specializing in art and forgery research, posted the question on Linked In: "Connoisseurship v. forensics and the recent Pollock case: Isn’t time to take the mystery and politics out of authentication?" He offered this perspective here:
The recent Pollock work given a thumbs down by a so called Pollock expert was no more than a magic trick smoothed over by an assemblage of gibberish seemingly portrayed as scholarly analysis. The connoisseur expert used facts and scientific verbiage to drive his conclusions but the science (Chaos Theory) was unrelated to the subject matter and has been challenged by other scientists as bogus when related to Pollock’s works. The facts supporting the expert call consisted of a recent movie about Pollock and not a well carried out investigation based on acceptable methodologies, replicable, and verifiable by others. The connoisseur Pollock expert even got some of his facts wrong regarding forensic experts. Forensic experts are deemed expert by the Judge in a particular case, and their expertise can be jettisoned at any time during a trial via an In Limine challenge. Further, forensic graphology is not considered to be field of expertise in a court of law, whereas Questioned Document Examination and Examiners are. Yes the world of connoisseur expertise is mysterious and those of us involved in forensic examination of fine art raise the question of why now with all our advanced technology and empirical processing are we still using hocus pocus to authenticate? (The Knoedler gallery case with 60 bad calls by 20 experts demonstrates how bad the problem really is.) What seems to be happening is that the world of the connoisseurship is undergoing a paradigm shift. Just as we found that the world did not end at the horizon we are now finding that the world of connoisseurship is unraveling due to its subjective and intuitive nature. The solipsistic nature of connoisseurship coated with gobbledygook and sleight of hand magic is under siege with its cloak of scholarly analysis slowly dematerializing.
Toby Bull, Senior Inspector with the Hong Kong Police Force and Art Risk Security Consultant at TrackArt, wrote:
Good article. As a 20+ year policeman with a CID background, who holds both a Fine Arts degree & an Art Authentication (covering Forensics) qualification, I took up this very same topic when I presented a paper at The World Congress of Forensics back in 2011 titled, "Connoisseurship versus Science or Connoisseurship plus Science -- Methods in Art Authentication". My conclusion was that, generally, there is too much dismissal of the value science can bring and that it should very much be a case of science supporting the experts' eyes -- but that's just a humble copper's point of view.
It's a common-enough problem (the 'snobbery' of the connoisseur & dismissal of what scientific testing can bring to the table) , and was the case here in HK too - certainly 10+ years ago - with regard to tests on Chinese antiquities / ceramics, but slowly the positives of what - and just how easily - science can detect a fake has been gaining ground, with the best dealers now taking this on board. The number of fakes being sold are still legion, with many dealers knowingly putting fakes out there into the local market, exploiting the ignorance of the general one-off buyer. It's still a case of knowing which dealer one can trust (ones who don't knowingly peddle fakes) of whom there are some and yes, ultimately, for the collector: Caveat Emptor. TrackArt can and does operate within this minefield, with its education seminars being just one 'weapon' in its arsenal against the trade in fakes.
Dennis Baltuskonis, Owner of Art Conservation Services, responded to Dr. Daab's question:
The short answer to your question eliminate the mystery etc? Yes. But replace it with what? I propose a scoring system. E.g. Give "science" a score of 50 points. And Connoisseurs 50 points. On any single object let the experts weigh in and "score" said object. Take the average score from each side ADD them together for the final point score. Then let the buyer beware. Obviously a 100 point score "indicates" a general consensus that experts from both sides "agree/concer" and said object is "AUTHENTIC" (as most people accept that word). Like a bottle of wine rated 94 it doesn't necessarily mean that the end user will agree. Such a scoring system also leaves open the possibility that new evidence might arise which would alter the SCORE. Each "side" can create their own guidelines upon which any SCORE by any "expert" is acceptable. An independent panel might be formed to "consider" each score, etc. etc. It is possible to remove the decision from the realm of politics and special interests. This is one idea. What is yours?

Gurlitt Art Collection: "Europe's dirty little art secret", 252 Works of Art Disclosed and HARP adds perspective

Gurlitt Collection: Daumier's
Don Quixote and Sancho Panza
Anne-Marie O'Connor, author of Lady in Gold: The Extraordinary Tale of Gustav Klimit's Masterpiece, Portrait of Adele Bloch-Bauer (reviewed here), writes an Op-Ed piece about "Europe's dirty little art secret" (Nov. 28) in the Los Angeles Times:
The outrage sparked by the clumsy handling of a Nazi-looted art trove in Munich, which was revealed this month, shows the urgent need for transparency in the art world, from museums to auction houses to private collections. For years this rarefied world has functioned like a private club. Many institutions, especially in Europe, have kept their World War II-era provenance files discreetly locked away, or have even quietly accepted questionable art from moneyed donors. Dealers too have looked the other way — until a painting stolen during the Holocaust is suddenly, fortuitously spotted, and an auction block turns into a crime scene. The Munich artworks — many of which were apparently either confiscated from Jewish families, bought for a fraction of their value or pulled off museum walls as "degenerate art" — are only the latest glaring example of the need for openness.
[...] 
The truth is this: Any work coming up for auction, offered in donation or held in state or private collections that has gaps or shifts in its ownership between 1933 and 1948 might have been stolen or obtained under duress. The records relating to such works must be made easily available, and the job of sorting through the documentation should be left to professionals who specialize in tracing Nazi art theft — and to the claimants themselves.
The Central Registry of Information on Looted Cultural Property 1933-1945 issues a weekly newsletter lootedart.com. This week the headlines include "252 Works of Art from the Gurlitt Collection Disclosed to Date":

Table of Gurlitt Works of Art Posted on www.lootedart.com
252 works of art have been posted on the German site lostart.de to date. They are posted in no particular order, are not searchable except by searching the entire lostart database, and the information in English is only an abbreviated version of that provided in German. In order to assist researchers and families searching for their missing artworks, the Central Registry, www.lootedart.com, has created a fully searchable table of all the artworks. This will be continually updated as new works are posted. The works are listed in alphabetical order by artist and the table includes all available provenance information.
For further information, click here.
Gurlitt Collection: Max Liebermann's Riders on the Beach
The Central Registry's list of the Gurlitt Works consists of many drawings, watercolors, prints, and lithographs by artists such as François Boucher, Canaletto, Cézanne, Marc Chagall, Corot, Daumier, Degas, Delacroix, André Derain, Otto Dix, Dürer, Ingres, Max Liebermann, Manet, Millet, Munch, Picasso, Pissarro, Rodin, Rousseau, Seurat, Tiepolo, and Toulouse-Lautrec. Three oil paintings are listed: Don Quixote and Sancho Panza by Honoré Daumier;  Riders on the beach by Max Liebermann (Provenance: Collection David Friedmann, Breslau); and Seated Woman in an Armchair by Henri Matisse (Provenance: Collection Paul Rosenberg, Paris; 1944 purchased from Gustav Rochlitz).

In the German DW.DE, journalist Jefferson Chase interviews HARP for a perspective in "Gurlitt case takes Allies, global art market to task": Parts of the Gurlitt collection are likely of dubious provenance. But why were they restored at all to an art dealer who had worked for the Nazis? DW asked two founders of the Holocaust Art Restitution Project:
One side to the story that has largely escaped scrutiny, however, is the role of Allied occupation authorities after World War II. After all, they were nominally responsible for ensuring that art looted by the Nazis was returned to its proper owners in the first place. Rightly or wrongly, the state prosecutor in the city of Augsburg has come under criticism for the length of time between the seizure, which was only made public by a German news magazine at the start of this month, and initial attempts to restore the artworks to their legitimate owners. But questions should also be asked as to how Germany's post-war occupiers could have allowed Hildebrand Gurlitt - one of the leading art dealers in the Third Reich - to amass a collection including works by Chagall, Matisse, Picasso, and Dix and then pass that trove on to his son Cornelius.
US soldiers had the tough task of finding the proper owners of looted art. 
Gurlitt Collection: Henri Matisse
Seated Woman in an Armchair
"I'm astonished at how quickly the Allied forces in charge of collection points for plundered art were to return it to whoever claimed it," Ori Soltes, an art professor at Georgetown University and a co-founder of the Holocaust Art Restitution Project (HARP), told DW. "There was even a case of art being given to a man claiming to represent Yugoslavia who was in fact just a private collector." 
According to historian Marc J. Masurovsky, another co-founder of HARP, Hildebrand Gurlitt was an established art dealer and a former museum director "who was given significant responsibilities during the 12-year reign of the National Socialists both to recycle thousands of so-called 'degenerate' works purged by decree from German public collections and to acquire untold numbers of works and objects of art at auctions inside the Reich and from galleries, dealers, collectors and artists living and working in German-occupied territories."

November 28, 2013

LA Times: "Recovered Nazi-looted artwork to be donated to LACMA"

The Los Angeles County Museum of Art will receive a gift of a Baroque-era masterpiece by Bernardo Strozzi from Phillipa Calnan, a former public affairs director for LACMA and the J. Paul Getty Trust, writes Christopher Knight in "Recovered Nazi-looted artwork to be donated to LACMA" for the Los Angeles Times.
The life-size figure of St. Catherine of Alexandria, painted in Genoa around 1615 by Bernardo Strozzi, was installed Monday in the third floor galleries for European art. The painting, valued at between $2.5 million and $3 million, is a promised gift to the museum, where it vaults to the top tier of paintings in LACMA's collection.
An Italian court ordered the painting's return to Calnan.
It disappeared after the 1943 Nazi occupation of Florence, one of nearly a dozen works stolen from the collection assembled by Charles A. Loeser, an American expatriate and heir to a Brooklyn department store fortune. Loeser moved to Italy in 1890 and died in 1928. Ten years after Loeser's death, prior to the outbreak of World War II, Mussolini's fascist government passed a series of anti-Jewish "racial laws." Loeser's widow, daughter, son-in-law and granddaughter left Florence before the German occupation, leaving behind valuable works of art restricted from leaving Italy. The painting vanished in April 1944, after the Nazi prefect set up headquarters in the family's Villa Torri di Gattaia, located on the city's highest hill.
The Strozzi was one of several Loeser collection works on the authoritative list of Nazi-plundered art compiled after the war by Rodolfo Siviero, an Italian art historian called "the 007 of art" for his work as an Allied secret agent. It is also recorded in Germany's Lost Art Internet Database, established to track Nazi loot. The painting first surfaced around 2008 in Vienna, where it was sold by an unidentified Austrian collector.

Sotheby's was approached about accepting the painting for auction, but research into its provenance, or history of ownership, identified its status as Nazi plunder. The auction house notified Italian police and contacted Calnan, Loeser's granddaughter.

The Art Newspaper Quotes ARCA's Noah Charney and Dick Ellis in "Recovery rate for stolen art as low as 1.5%"

Melanie Gerlis and Javier Pes for The Art Newspaper quote both ARCA founder Noah Charney and ARCA Lecturer Dick Ellis in today's online article "Recovery rate for stolen art as low as 1.5%":
The rate of recovery and successful prosecution in cases of art theft is startlingly low, with one expert putting it at only 1.5% globally, The Art Newspaper has learned, underlining the challenges of identifying and returning stolen works.  The global cost of crimes linked to art and antiques was recently estimated at £3.7bn a year by the UK’s Association of Chief Police Officers. Noah Charney, a professor of art history specialising in art crime and the founder of the Association for Research into Crimes Against Art, which organised a symposium on the subject at London’s Victoria and Albert Museum this month, says that statistics are hard to come by because police forces seldom distinguish between stolen art and other stolen goods. “A Rembrandt is classified with a CD,” he says.
At the core of the problem is the low importance that most police forces attach to such crimes; the exception is Italy’s Carabinieri, which claims that its force of 350 officers recovers around 30% of lost art. The theft of property in general “has a low priority in Britain and across Europe”, said Dick Ellis, the former head of the Metropolitan Police’s Art and Antiques Unit, at the symposium. In the UK, for example, the Metropolitan Police has just three officers dedicated to art crime (down from 14 around 20 years ago). In the US, the FBI has around 14 agents trained to investigate art crimes, although they do not work on these exclusively. Attempts to pool information on stolen works to create a comprehensive, international database have failed, largely because of a lack of funding.
Without proper public funding, the onus is on private firms, who charge a recovery fee of as much as 30% of a work’s value. Here, there are also areas of contention, particularly surrounding the issue of paying informers for leads on stolen works. This area is a “legal minefield”, said Claire Hutcheon, the head of the Met’s Art and Antiques Unit. “Art cannot be recovered at any cost,” she said.

November 27, 2013

Kunsthal Rotterdam Art Theft: Reuters' "Romania hands 6-1/2 year jail term to Dutch art theft boss

Reuters: Eugen Darie (center) and Radu Dogaru (right)
Radu Marinas reports for Reuters in "Romania hands 6-1/2 year jail term to Dutch art theft boss":
A Romanian court sentenced the ringleader of a gang that stole paintings from a Dutch museum in one of the world's biggest art heists to six years and eight months in prison on Tuesday. Radu Dogaru and fellow gang member Eugen Darie, both Romanians, received the same sentence for stealing the masterpieces, including two Monets and a Picasso, in October 2012. The paintings have yet to be found. The trial will continue on Dec 3. for four other defendants including Dogaru's mother, who is also accused of destroying the art and has exercised her right not to comment. Dogaru and Darie pleaded guilty earlier this year to stealing the artworks, insured for 18 million euros ($24.4 million), from Rotterdam's Kunsthal museum.

November 26, 2013

Tuesday, November 26, 2013 - , No comments

Donna Tartt's novel 'Goldfinch' endangers Carel Fabritius painting while NYC exhibits the masterpiece at The Frick

The Goldfinch, by Carel Fabritius,
1654 (Courtesy of The Frick)
Horror writer Stephen King reviewed Donna Tartt's Goldfinch (Little, Brown & Company, October 2013) in The New York Times last month, calling the 771-page novel "a rarity":
“The Goldfinch” is a rarity that comes along perhaps half a dozen times per decade, a smartly written literary novel that connects with the heart as well as the mind. I read it with that mixture of terror and excitement I feel watching a pitcher carry a no-hitter into the late innings. You keep waiting for the wheels to fall off, but in the case of “The Goldfinch,” they never do.
The story involves a terrorist bombing at The Metropolitan Museum of Art in New York City, King writes:
Of course, all this is an alternate history (or a secret history, if you prefer). No such bombing ever happened, and the painting that a dazed and frightened Theo spirits out of the wreckage — “The Goldfinch,” made in 1654 by Carel Fabritius — was never stolen. It resides in the Royal Picture Gallery [Mauritshuis] of The Hague. This in no way spoils Tartt’s charmed narrative, which follows 10 years of Theo’s adventures.
Through January 19, The Goldfinch is visiting New York City as part of the Frick's exhibition "Vermeer, Rembrandt, and Hals: Masterpieces of Dutch Painting from the Mauritshuis". Here at WNYC News "Art Talk: New Yorkers Are Obsessed With This Teeny Tiny Bird":
Record crowds are flocking to the Frick Collection on the Upper East Side to see a small painting of a bird created almost 400 years ago. That's because "The Goldfinch," painted by Dutch artist Carel Fabritius in 1654, inspired Donna Tartt's new novel of the same name. According to the museum, a record 61,000 visitors have come to see the Dutch painting exhibit in which it is featured. But does this bird deserve that much buzz?  "Definitely," said WNYC’s art critic Deborah Solomon in this interview. "I love that the novel is drawing so much attention to this most worthy, but unassuming and humble, masterpiece." Solomon explained that The Goldfinch influenced Johannes Vermeer when he was creating a much more famous Dutch painting, "The Girl With a Pearl Earring," which is also now at the Frick. "You have to go see it to believe it," she said.

Tuesday, November 26, 2013 - , No comments

Gurlitt Art Collection: De Spiegel 'Bavarian Justice Minister Says Empathy for Gurlitt is No Longer Any Help'

In the Spiegel Online International article "Art Investigation: 'Empathy Alone Doesn't Help Us Any Further", Bavarian Justice Minister Winfried Bausback answers Spiegel's questions about the legality and morality of confiscating the art collection of Cornelius Gurlitt in 2012.
SPIEGELMr. Bausback, has the public prosecutor's office in the city of Augsburg consistently conducted itself in an absolutely correct manner in the case of Munich art collector Cornelius Gurlitt? 

BausbackThe confiscation was based on a court order. As a minister, I am in no position to comment on this. But there is another level that concerns our responsibility to come to terms with the crimes committed under the Nazi reign of terror, and this is important for the image of Bavaria and Germany around the world. Too much time has elapsed on this level since the paintings were confiscated in 2012 without us making sufficient progress in clearing up the provenance of many of these works. There is no doubt that everyone involved on the federal and state level should have tackled this challenge with more urgency and resources right from the start.
Questions about charges and Cornelius Gurlitt's legal representation are addressed:
SPIEGEL: What criminal allegations constitute the basis for the confiscation?
Bausback: Tax-related allegations in connection with art objects. The pictures and other things were confiscated as evidence.
SPIEGEL: Actually it had to do with the sale of a single painting. Did that mean that the authorities had to go ahead and cart off the entire art trove that Gurlitt had in his apartment?
Bausback: To protect tax confidentiality and Mr. Gurlitt's rights -- and because this is an ongoing investigation -- I don't want to make any public statements about the details of this case. As a general rule, every defendant in a criminal case has recourse to legal remedies to redress confiscations.
SPIEGEL: Gurlitt thinks that he will get the pictures back without resorting to such measures. Are you glad that he still hasn't hired a lawyer?
Bausback: He has every right to decide whether he wants to be represented by an attorney and how he defends himself.
 Will this case reconcile the past?
SPIEGEL: What if he refuses to return looted art -- or paintings that were confiscated according to laws enacted under Nazi Germany -- to the heirs of the former victims? Even if these individuals could still be deemed the owners of the artwork, their civil claims to recover their property expired after 30 years. They lapsed a long time ago. 
Bausback: It would be difficult for me to accept that our response to the restitution claims of such owners is that their demands are subject to the statute of limitations. I have therefore instructed my ministry to draw up draft legislation that we soon intend to put forward for debate. This legislation would prevent someone who acquired something in bad faith -- in other words, who knew that the pictures or other objects that he or she had purchased or inherited were sold under pressure by their owners -- from invoking the limitation period for claims under civil law.